ADMINISTRATIVE AND LEGAL REGULATION OF INCLUSIVE EDUCATION IN PRESCHOOL EDUCATION INSTITUTIONS AND SECONDARY EDUCATION INSTITUTIONS IN UKRAINE

Abstract

The article is devoted to the issues of improving the administrative and legal regulation of inclusive education in institutions of preschool education and secondary education instituions in Ukraine. Addressing this topic is certainly relevant due to the fact that, firstly, inclusive education is a new institution for Ukrainian society and a real challenge for children, teachers and the legislator. Secondly, in the science of domestic administrative law there is no comprehensive study of Ukrainian sources of law in the field of inclusive education, which would also fully identify the challenges of this field. Thirdly, administrative and legal acts in the field of inclusive education, unfortunately, do not correspond to reality, have gaps in both the field of law and in the field of pedagogy. The authors set themselves the following tasks: to analyze the sources of law governing relations arising in the field of inclusive education in Ukraine; highlight the current challenges of the inclusive education in Ukraine and make suggestions on ways to overcome them. The methodology of this article includes: the method of analysis and synthesis, the systemic and functional approach, the historical method, abstraction, the comparative method, explanations, research interviews, modeling and forecasting methods. So, the authors of the article translated and studied the legislation of the State of Israel as a progressive country in the field of inclusion. To achieve the main goal of the research it was also conducted a survey among the heads of educational institutions in the city of Odessa, where currently inclusive groups or classes are functioning. This has identified challenges such as gaps in the most legally established procedure for opening inclusive groups and classes; providing schools and kindergartens with assistants who should help educators /teachers and children with special educational needs; the question of the number of children with special educational needs in a group or class and the nature of nosologies. Having studied each of the challenges in detail, the authors proposed appropriate changes and additions to the current legislation, which are detailed in the comparative tables. The conclusions of the article can be used both in research work for the further development of Ukrainian administrative law and in national lawmaking by making appropriate changes to Ukrainian legislation and the adoption of relevant legal acts regulating important issues in the field of inclusive education.